DiGuardi v. Hine

13 Pa. D. & C.5th 325
CourtPennsylvania Court of Common Pleas, Berks County
DecidedMay 13, 2010
Docketno. 00-2486
StatusPublished

This text of 13 Pa. D. & C.5th 325 (DiGuardi v. Hine) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DiGuardi v. Hine, 13 Pa. D. & C.5th 325 (Pa. Super. Ct. 2010).

Opinion

LASH, J,

The matter before this court is the petition of defendant, Patti Hine (Mother), to [327]*327modify the child custody order entered by this court on June 2,2009 regarding custody of the Minor Child, Nathaniel DiGuardi, bom September 10,1999. Atrial was held on May 7,2010. We enter the following findings of fact:

I. FINDINGS OF FACT

(1) Plaintiff, Lorrie A. DiGuardi (Grandmother), is an adult individual who currently resides at 762 North 6th Street, Reading, Berks County, Pennsylvania 19601.

(2) Defendant, Patti Hine (Mother), is an adult individual who currently resides at 1111 Green Street, Reading, Berks County, Pennsylvania 19604. Mother has resided at her current residence since October 2009. Previously, she resided at 145 South 12th street, Reading, Berks County, Pennsylvania 19602.

(3) Defendant, Anthony E. DiGuardi (Father), is an adult individual who currently resides at 762 North 6th Street, Reading, Berks County, Pennsylvania 19601.

(4) Mother and Father are the natural parents of a minor child, Nathaniel DiGuardi, bom September 10, 1999.

(5) Grandmother is the paternal grandmother of the minor child.

(6) Mother is the natural parent of two other children, Jeremy Kiwak, age 6, and Jocelyn Hine, age 4. Jeremy resides with his father. Jocelyn currently resides with caretakers, Stacey and Larry Wells, however, after trial held, this court by order of January 14,2010 transferred primary custody of Jocelyn to Mother to take effect on [328]*328August 1, 2010, with the Wells’ to have partial custody one weekend per month. The decision and order entered by this court on January 14,2010 to docket no. 08-1536 in the Court of Common Pleas of Berks County, Pennsylvania, is made a part of this record and incorporated by reference.

(7) Father has two other children, who reside with their natural mother.

(8) This court held a child custody trial on the above-captioned matter on May 26,2009. At that time, the court made specific findings of fact and ordered, among other things, that Grandmother would have primary physical custody of the minor child, with Mother to have partial custody on alternate weekends from Friday at 5 p.m. to Sunday at 5 p.m. and one evening per week, the day to be determined by agreement, but in lieu thereof, Wednesday evening from 5 p.m. to 8 p.m. The decision and order of this court entered June 2, 2009 is made a part of this record and incorporated by reference.

(9) The minor child is currently in fourth grade at Cabrini Academy, a parochial school in the City of Reading. Grandmother pays the tuition. However, Cabrini Academy is downsizing and will not be offering fifth grade classes for the 2010-2011 school year. Accordingly, Grandmother’s plan is to enroll the minor child at St. Margaret’s Elementary School, also a parochial school, whose tuition will be paid by Grandmother.

(10) Mother’s plan is to obtain primary custody and enroll the minor child at 10th and Green Elementary school, a public school in the Reading School District.

[329]*329II. DISCUSSION

In making a determination, this court considered the testimony of Mother, Grandmother, Mother’s therapist, Connie Malafarina, Father’s sister, Jamie DiGuardi, Father’s ex-girlfriend and Mother of his children, Lisa Erb, Mother’s Brother, Christopher Reichart, an in camera conference with the minor child, the exhibits submitted by the parties, and the decision and order entered by this court in the within matter on June 2, 2009, and in the matter of Patricia Hine v. Larry Wells, Stacey Wells and Quillen Thrasher, entered January 14, 2010.

Mother’s separation from the minor child began on July 31, 2007 when the minor child was removed from her by Berks County Children & Youth Services (CYS) primarily due to her relationship with Quillen Thrasher, the father of her daughter, Jocelyn, who was convicted of recklessly endangering the welfare of a child. Mr. Thrasher had been accused of excessively shaking an infant child. Additionally, CYS was concerned with issues relating to mother’s instability, her mental health, and her involvement with drugs and alcohol.

Since July 31,2007, Grandmother has had custody of the minor child. She, with the assistance of her daughter, Jamie DiGuardi, has provided for all the caretaking responsibilities required by the minor child. The minor child has an established and stable home environment. The minor child’s school activities are monitored, and the minor child is required to complete his homework assignments as soon as he is home from school. The minor child is active in several sports, namely, baseball, [330]*330football and basketball, with Grandmother or Jamie DiGuardi making sure that the minor child is at every practice and game. Grandmother also foots the bills for the activities.

The minor child has contact with his Father, as Father also resides in Grandmother’s household. Father engages in recreational activities with the minor child. The minor child also has a playmate, his cousin, Jose, Jamie DiGuardi’s son, who resides in the house.

Since July 31, 2007, Mother has accepted the directions of CYS and the court and has participated in therapy and classes, as more fully set forth in our opinion of June 2,2009, sufficient to prepare her to reassume the role of a caretaker. Mother sets forth that she is now ready to assume this responsibility and requests that the court award her primary custody.

Mother generally has the minor child on alternate weekends, at the same time she has her other children. She states that the minor children get along well together. She has bedrooms for the children, however, the children prefer to sleep in Mother’s bedroom, in their own beds, because they are scared to sleep alone. Mother believes her home presents an appropriate environment. In addition to ample space within the home, she has a yard for the children. The home is within two blocks of 13th and Green Elementary School, where the minor child would attend.

Mother does not drive, preferring to walk, take a bus, or rely on others to provide her transportation. This could cause some concern regarding transporting the minor child to his sports activities. Mother states that she has [331]*331been in contact with other mothers participating in the sports who have agreed to help out. Mother states that she would not use her transportation issues as the basis for denying the minor child access to sports activities, although she does question how committed he is to some of the sports.

Grandmother’s position is that the status quo should be maintained. She has provided a stable home for the minor child, since being called upon by CYS in July 2007. The minor child’s father resides with her, as does the minor child’s aunt, Jamie DiGuardi, and cousin, Jose Malave, all of whom have a good bond with the minor child and spend time with him. Jamie DiGuardi is very involved in helping the minor child with homework and transporting the minor child to the sports activities. Jamie also assists Grandmother in the day-to-day maintenance, in part because of Grandmother’s work schedule, working third shift, getting her sleep in the morning and midday hours.

In essence, Grandmother believes that she has provided a stable household and does not see why any change should be made.

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Bluebook (online)
13 Pa. D. & C.5th 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diguardi-v-hine-pactcomplberks-2010.